R (Cth) v Mohr (No. 4) [2020] NSWSC 1940

Supreme Court New South Wales

Medium Neutral Citation: R (Cth) v Mohr (No. 4) [2020] NSWSC 1940 Hearing dates: 28 February 2020 Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Common Law Before: Wilson J Decision: Discharge of juror under s 53B(b) and s 54B(d) Catchwords: CRIMINAL LAW – discharge of juror – conspiracy to import a commercial quantity of a border controlled drug – conduct of a juror observed by Court Officer – reasonable apprehension of bias of a juror – inquiries by juror concerning the accused's transport to court proceedings – inquiries by juror concerning whether the juror could make contact with the accused at the conclusion of the trial – juror's behaviour in jury smoking area – s 55D(a) Jury Act - examination of juror pursuant to s 55D(a) – s 68C Jury Act – juror's behaviour during questioning by the Court – impartiality of a juror – optimal position that a jury of 12 will hear and determine criminal charges – s 53B(b) Jury Act – s 53B(d) Jury Act – ability of juror to perform his functions Legislation Cited: Jury Act 1977 (NSW) Cases Cited: Wu v The Queen (1999) 199 CLR 99; [1999] HCA 52 Category: Principal judgment Parties: Regina (Crown) Darren Mohr (Accused) Representation: Counsel: M England/C McGorey (Crown) G Brady SC (Accused)

Solicitors: Solicitor for Public Prosecutions (Cth) (Crown) McGirr Lawyers (Accused) File Number(s): 2017/376756 Publication restriction: Judgment previously restricted pending finalisation of all co-accused trials and related appeals.